Texas 2021 - 87th 1st C.S.

Texas House Bill HB279 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S10706 JXC-D
2	2	By: Rosenthal H.B. No. 279
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electricity supply chain risk mitigation planning.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 86.044(d) and (e), Natural Resources
10	10	Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
11	11	Session, 2021, are amended to read as follows:
12	12	(d) The commission by rule shall require an operator of a
13	13	gas supply chain facility to provide to the commission:
14	14	(1) a summary report of a criticality analysis of the
15	15	facility;
16	16	(2) a plan to mitigate risk factors identified in the
17	17	criticality analysis; and
18	18	(3) proof that the operator has implemented the plan
19	19	described by Subdivision (2) over a reasonable period, in a form
20	20	satisfactory to the commission, which may be in the form of
21	21	inspections or documents[:
22	22	[(1) inspect gas supply chain facilities for
23	23	compliance with rules adopted under Subsection (c);
24	24	[(2) provide the owner of a facility described by
25	25	Subdivision (1) with a reasonable period of time in which to remedy
26	26	any violation the commission discovers in an inspection; and
27	27	[(3) report to the attorney general any violation that
28	28	is not remedied in a reasonable period of time].
29	29	(e) The commission shall report to the attorney general any
30	30	violation of a rule adopted under Subsection (c) that is not
31	31	remedied in a reasonable period of time [prioritize inspections
32	32	conducted under Subsection (d)(1) based on risk level, as
33	33	determined by the commission].
34	34	SECTION 2. Section 35.0021(c), Utilities Code, as added by
35	35	S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is
36	36	amended to read as follows:
37	37	(c) The commission by rule shall require a provider of
38	38	electric generation service described by Subsection (a) to provide
39	39	to the commission:
40	40	(1) a summary report of a criticality analysis of the
41	41	provider's generation assets;
42	42	(2) a plan to mitigate risk factors identified in the
43	43	criticality analysis; and
44	44	(3) proof that the provider has implemented the plan
45	45	described by Subdivision (2) over a reasonable period, in a form
46	46	satisfactory to the commission, which may be in the form of
47	47	inspections or documents [independent organization certified under
48	48	Section 39.151 for the ERCOT power region shall:
49	49	[(1) inspect generation assets in the ERCOT power
50	50	region for compliance with the reliability standards;
51	51	[(2) provide the owner of a generation asset with a
52	52	reasonable period of time in which to remedy any violation the
53	53	independent organization discovers in an inspection; and
54	54	[(3) report to the commission any violation].
55	55	SECTION 3. Section 38.075(b), Utilities Code, as added by
56	56	S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is
57	57	amended to read as follows:
58	58	(b) The commission by rule shall require each electric
59	59	cooperative, municipally owned utility, and transmission and
60	60	distribution utility providing transmission service in the ERCOT
61	61	power region to provide to the commission:
62	62	(1) a summary report of a criticality analysis of the
63	63	cooperative's or utility's facilities;
64	64	(2) a plan to mitigate risk factors identified in the
65	65	criticality analysis; and
66	66	(3) proof that the cooperative or utility has
67	67	implemented the plan described by Subdivision (2) over a reasonable
68	68	period, in a form satisfactory to the commission, which may be in
69	69	the form of inspections or documents [independent organization
70	70	certified under Section 39.151 for the ERCOT power region shall:
71	71	[(1) inspect the facilities of each electric
72	72	cooperative, municipally owned utility, and transmission and
73	73	distribution utility providing transmission service in the ERCOT
74	74	power region for compliance with the reliability standards;
75	75	[(2) provide the owner of a facility described by
76	76	Subdivision (1) with a reasonable period of time in which to remedy
77	77	any violation the independent organization discovers in an
78	78	inspection; and
79	79	[(3) report to the commission any violation that is
80	80	not remedied in a reasonable period of time].
81	81	SECTION 4. Sections 121.2015(c-1) and (c-2), Utilities
82	82	Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
83	83	Session, 2021, are amended to read as follows:
84	84	(c-1) The railroad commission by rule shall require an
85	85	operator of a gas pipeline facility described by Subsection (a)(3)
86	86	to provide to the railroad commission:
87	87	(1) a summary report of a criticality analysis of the
88	88	facility;
89	89	(2) a plan to mitigate risk factors identified in the
90	90	criticality analysis; and
91	91	(3) proof that the operator has implemented the plan
92	92	described by Subdivision (2) over a reasonable period, in a form
93	93	satisfactory to the commission, which may be in the form of
94	94	inspections or documents [:
95	95	[(1) inspect gas pipeline facilities described by
96	96	Subsection (a)(3) for compliance with rules adopted under
97	97	Subsection (a)(3);
98	98	[(2) provide the owner of a facility described by
99	99	Subsection (a)(3) with a reasonable period of time in which to
100	100	remedy any violation the railroad commission discovers in an
101	101	inspection; and
102	102	[(3) report to the attorney general any violation that
103	103	is not remedied in a reasonable period of time].
104	104	(c-2) The railroad commission shall report to the attorney
105	105	general any violation of a rule adopted under Subsection (a)(3)
106	106	that is not remedied in a reasonable period of time [prioritize
107	107	inspections conducted under Subsection (c-1)(1) based on risk
108	108	level, as determined by the railroad commission].
109	109	SECTION 5. Sections 35.0021(c-1) and 38.075(c), Utilities
110	110	Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
111	111	Session, 2021, are repealed.
112	112	SECTION 6. This Act takes effect on the 91st day after the
113	113	last day of the legislative session.